The theory of ordoliberalism and the principle of non-discrimination in EU law: implications for the Member States on the example of Polish Labour Code

The principle of non-discrimination lies at the heart of the socio-economic order of the EU, the main parameters of which are sustainable economic growth, price stability, a highly competitive social marketeconomy aiming at full employment and social progress, inclusion and social cohesion, non-discrimination,including equality between women and men and social justice (TEU: art. 3.3). Therefore, the prohibitionof discrimination becomes a sine qua non condition for achieving EU treaty goals, strongly correlated withthe theory of ordoliberalism.The aim of the article is to analyse the normative way of securing the principle of non-discrimination in EUlaw in the perspective of ordoliberalism and its implications for Polish law. The authors intend to answerthe research question about the extent to which ordoliberal theory had an impact on the development of theprinciple of non-discrimination, understood as a subjective right to equal treatment, regardless of individualcharacteristics, other than nationality, through the comparison of relevant provision of EU law and thePolish Labour Code.